(a) 
The Federal Safe Drinking Water Act of 1974, and the statutes of the Texas Natural Resource Conservation Commission, Chapters 290.44(h), mandate that the water purveyor has the primary responsibility for preventing water from unapproved sources, or any other substances, from entering the public potable water system.
(b) 
Rules and Regulations for Public Water Systems; Texas Natural Resource Conservation Commission (TNRCC) No. RG-195 adopted.
(c) 
References:
(1) 
Recommended Practice for Backflow Prevention and Cross-Connection Control; published by the American Water Works Association, AWWA-M14, Second Edition.
(2) 
Cross-Connection Control Manual; published by United States Environmental Protection Agency, EPA 570/9-89-007, June 1989.
(Ordinance 1115, § 1, 5-25-99; Ordinance 1486, § 2, 12-1-09)
The department of public works, as directed by the director, shall be responsible for the protection of the public potable water distribution system from contamination or pollution due to the backflow or back-siphonage of contaminants or pollutants through the water service connection. If, in the judgement of the department of public works, an approved backflow prevention device is required at the city's water service connection to any customer's premises, new or existing, the department, or its delegated agent shall give notice in writing to said customer to install an approved backflow prevention device at each service connection to his premises. The customer shall, within 90 days, install such approved device, or devices, at his own expense, and failure or refusal to do so, or inability on the part of the customer to install said device or devices within 90 days, shall constitute grounds for discontinuing water service to the premises until such device or devices have been properly installed.
(Ordinance 1115, § 1, 5-25-99; Ordinance 1486, § 2, 12-1-09)
[For the purposes of this division, the following words and terms shall have the meaning ascribed thereto:]
Approved:
Accepted by the department of public works as meeting an applicable specification stated or cited in this regulation, or as suitable for the proposed use.
Auxiliary water supply:
Any water supply, on or available, to the premises other than the purveyor's approved public potable water supply.
Backflow:
The flow of water or other liquids, mixtures or substances, under positive or reduced pressure in the distribution pipes of a potable water supply from any source other than its intended source.
Backflow preventers:
Devices or means designed to prevent backflow or back-siphonage. Most commonly categorized as air gap, reduced pressure principle device, double check valve assembly, pressure vacuum breaker, atmospheric vacuum breaker, hose bib vacuum breaker, residential dual check, double check with intermediate atmospheric vent, and barometric loop. The following shall constitute, but not limited to, examples of backflow preventers:
(1) 
Air gap:
A physical separation sufficient to prevent backflow between the free-flowing discharge end of the potable water system and any other system. Physically defined as a distance equal to twice the diameter of the supply side pipe diameter but never less than one inch.
(2) 
Atmospheric vacuum breaker:
A device that prevents back-siphonage by creating an atmospheric vent when there is either a negative pressure or sub-atmospheric pressure in a water system.
(3) 
Barometric loop:
A fabricated piping arrangement rising at least 35 feet at its topmost point above the highest fixture it supplies. It is utilized in water supply systems to protect against back-siphonage.
(4) 
Double check valve assembly:
An assembly of two independently operating spring loaded check valves with tightly closing shut off valves on each side of the check valves, plus properly located test cocks for the testing of each check valve.
(5) 
Double check valve with intermediate atmospheric vent:
A device having two spring loaded check valves separated by an atmospheric vent chamber.
(6) 
Hose bib vacuum breaker:
A device which is permanently attached to a hose bib and which acts as an atmospheric vacuum breaker.
(7) 
Pressure vacuum breaker:
A device containing one or two independently operated spring loaded check valves and an independently operated spring loaded air inlet valve located on the discharge side of the check or checks. Device includes tightly closing shut-off valves on each side of the check valves and properly located test cocks for the testing of the check valve(s).
(8) 
Reduced pressure principle backflow preventer:
An assembly consisting of two independently operating approved check valves with an automatically operating differential relief valve located between the two check valves, tightly closing shut-off valves on each side of the check valves plus properly located test cocks for the testing of the check valves and the relief valve.
(9) 
Residential dual check:
An assembly of two spring loaded, independently operating check valves without tightly closing shut-off valves and test cocks. Generally employed immediately downstream of the water meter to act as a containment device.
Back pressure:
A condition in which the owner's system pressure is greater than the supplier's system pressure.
Back-siphonage:
The flow of water or other liquids, mixtures or substances into the distribution pipes of a potable water supply system from any source other than its intended source caused by the sudden reduction of pressure in the potable water supply system.
Building department:
City of Rockport Building and Development Department.
Commission:
The Texas Natural Resource Conservation Commission (TNRCC).
Containment:
A method of backflow prevention that requires a backflow prevention device at the water service entrance.
Contaminant:
A substance that will impair the quality of the water to a degree that it creates a serious health hazard to the public leading to poisoning or the spread of disease.
Cross-connection:
Any actual or potential connection between the public water supply and a source of contamination or pollution.
Department:
City of Rockport Public Works Department.
Director of public works:
The director, or his delegated representative in charge of the department of public works.
Fixture isolation:
A method of backflow prevention in which a backflow preventer is located to correct a cross connection at an in-plant location rather than at a water service entrance.
Owner:
Any person who has legal title to, or license to operate or habitat in, a property upon which a cross-connection inspection is to be made or upon which a cross-connection is present.
Person:
Any individual, partnership, company, public or private corporation, political subdivision or agency of the State of Texas, agency or instrumentality or the United States or any other legal entity.
Permit:
A document issued by the department, which allows the use of a backflow prevention device.
Pollutant:
A foreign substance, that if permitted to get into the public water system, will degrade its quality so as to constitute a moderate hazard, or impair the usefulness or quality of the water to a degree which does not create an actual hazard to the public health but which does adversely and unreasonably effect such water for domestic use.
Water service entrance:
A point in the owners water system beyond the sanitary control of the department; generally considered to be the outlet end of the water meter and always before any unprotected branch.
(Ordinance 1115, § 1, 5-25-99; Ordinance 1486, § 2, 12-1-09)
(a) 
The department will operate a cross-connection control program, to include the keeping of necessary records, which fulfills the requirements of the commission's cross-connection regulations and so approved by the commission.
(b) 
The owner shall allow his property to be inspected for possible cross-connections and shall follow the provisions of the department's program and the commission's regulations if a cross-connection is permitted.
(c) 
If the department requires that the public supply be protected by containment, the owner shall be responsible for water quality beyond the outlet end of the containment device and should utilize fixture outlet protection for that purpose. He may utilize public health officials, or personnel from the department, or their delegated representatives, to assist him in the survey of his facilities and to assist him in the selection of proper fixture outlet devices, and the proper installation of these devices.
(Ordinance 1115, § 1, 5-25-99; Ordinance 1486, § 2, 12-1-09)
(a) 
Department.
(1) 
On new installations, the department will provide on-site evaluation and/or inspection of plans through the cooperative efforts of the building department in order to determine the type of backflow prevention device, if any, that will be required, will issue permits, and witness testing and inspections.
(2) 
For premises existing prior to the start of this program, the department will perform evaluations and inspections, of plans and/or premises and inform the owner by letter of any corrective action deemed necessary, the method of achieving the correction, and the time allowed for the correction to be made. Ordinarily, 90 days will be allowed, however, this time period may be shortened depending upon the degree of hazard involved and the history of the device(s) in question.
(3) 
The department will not allow any cross-connection to remain unless an approved backflow prevention device for which a permit has been issued and which will be regularly tested to insure satisfactory operation protects it.
(4) 
The department shall inform the owner by letter, of any failure to comply, by the time of the first re-inspection. The department will allow an additional 15 days to complete the correction. In the event the owner fails to comply with the necessary correction by the time of the second re-inspection, the department will inform the owner by letter, that the water service to the owner's premises will be terminated within a period not to exceed five days. In the event that the owner informs the department of extenuating circumstances as to why the correction has not been made, a time extension may be granted by the department but in no case will exceed an additional 30 days.
(5) 
If the department determines at any time that a serious threat to the public health exists, the water service will be terminated immediately.
(6) 
The department shall have on file, a list of private contractors who are certified backflow device testers. The owner of the building or property will pay all charges for these tests.
(7) 
The department will begin initial premise inspections to determine the nature of existing or potential hazards, following the approval of this program by the city council, during the calendar year 1999. Initial focus will be on high hazard industries and commercial premises.
(8) 
The building department as to the degree of hazard and type of backflow prevention device required will evaluate one-and two-family dwellings. The building department will issue permits for backflow prevention devices with copies being submitted to the department. The building department will witness installation and testing of devices as necessary for final approval. Any corrections needed will follow steps (2) through (6) above.
(b) 
Owner.
(1) 
The owner shall be responsible for the elimination or protection of all cross-connections on his premises.
(2) 
The owner, after having been informed by a letter from the department, shall at his expense, install, maintain, and test, or have tested, any and all backflow prevention devices on his premises.
(3) 
The owner shall correct any malfunction of the backflow prevention device which is revealed by periodic testing.
(Ordinance 1115, § 1, 5-25-99; Ordinance 1486, § 2, 12-1-09)
The department recognizes the threat to the public water system arising from cross-connections. All threats will be classified by degree of hazard and will require the installation of approved reduced pressure principle backflow prevention devices or double check valves. The following occupancies are hereby classified as hazardous occupancies and will require the types of backflow prevention devices as listed in Chapter 4, AWWA-M14 manual:
(1) 
Nonresidential:
a. 
Premises with an auxiliary water supply either interconnected or not interconnected with the potable water supply;
b. 
Premises which use the city's potable water system as a subsidiary water system;
c. 
Premises where inspection is restricted;
d. 
Hospitals, mortuaries, clinics, nursing homes, and so forth;
e. 
Hotels/motels which have more than six units or include any of the uses or auxiliary uses as listed herein;
f. 
Piers, docks, and other water front facilities;
g. 
Laboratories;
h. 
Sewage treatment plants and sewage lift stations;
i. 
Food and beverage processing plants;
j. 
Chemical plants using a water process;
k. 
Metal plating plants;
l. 
Petroleum processing or storage plants;
m. 
Car washing facilities;
n. 
Premises with reclaimed water systems; and
o. 
Any use or occupancy which may be determined, by the department, as a hazardous classification.
(2) 
Residential.
a. 
Premises with an auxiliary water supply either interconnected or not interconnected with the potable water supply;
b. 
Premises which use the city's potable water system as a subsidiary water system;
c. 
Premises where inspection is restricted;
d. 
RV or manufactured housing parks, or such facilities which may include any of the uses or auxiliary uses as listed herein;
e. 
Multi-family, condominium, or cluster housing where one master meter is used to supply more than two units;
f. 
Piers, docks and other water front facilities; and
g. 
Any use or occupancy which may be determined, by the department, as a hazardous classification. NOTE: One-and two-family dwellings may be allowed to use screw-on backflow prevention devices connected to all outside hose bibs in lieu of a single device connected to the water service line at the meter.
(Ordinance 1115, § 1, 5-25-99; Ordinance 1486, § 2, 12-1-09)
The department shall not permit a cross-connection within the public water supply system unless it is considered necessary and that it cannot be eliminated.
(1) 
Permits that are required for each backflow prevention device are obtained from the building department. A fee of $10.00 shall be charged for the initial permit and $10.00 shall be charged for the renewal of each permit.
(2) 
Permits for backflow prevention devices are indicated on the city's plumbing permit forms and will be used for both initial and renewal of permits.
(3) 
Permits shall be renewed every year at time of annual testing (see section 102-94, Periodic testing, below) of backflow device and are nontransferable. Permits are subject to revocation and become immediately revoked if the owner should so change the type of or degree of hazard associated with the service.
(4) 
A permit is not required when fixture isolation is achieved with the utilization of a nontestable backflow prevention device.
(Ordinance 1115, § 1, 5-25-99; Ordinance 1486, § 2, 12-1-09)
Any existing backflow prevention device shall be allowed by the department to continue in service unless the degree of hazard is such as to supercede the effectiveness of the present backflow prevention device, or result in an unreasonable risk to the public health. Where the degree of hazard has increased, as in the case of a residential installation converting to a business establishment, any existing backflow prevention device must be upgraded to a reduced pressure principal device, or a reduced pressure principle device must be installed in the event that no backflow prevention device was present.
(Ordinance 1115, § 1, 5-25-99; Ordinance 1486, § 2, 12-1-09)
(a) 
Reduced pressure principle backflow devices shall be tested and inspected on an annual basis (see section 102-92, Permits, above).
(b) 
Annual testing shall be performed by a state certified tester with such test performed at the owner's expense.
(c) 
The testing shall be conducted during the department's regular business hours. Exceptions to this, when at the request of the owner, may require additional charges to cover the increased costs to the department.
(d) 
Any backflow prevention device, which fails during a periodic test, will be repaired or replaced. When repairs are necessary, upon completion of the repair, the device will be re-tested at owner's expense to ensure correct operation. High hazard situations will not be allowed to continue unprotected if the backflow prevention device fails the test and cannot be repaired immediately. In other situations, a compliance date of not more than 30 days after the test date will be established. The owner is responsible for spare parts, repair tools, or a replacement device. Parallel installation of two devices is an effective means of the owner insuring that uninterrupted water service during testing or repair of device and is strongly recommended when the owner desires such continuity.
(e) 
Backflow prevention devices will be tested more frequently than specified than in subsection (a) above, in cases where there is a history of test failures and the department feels that due to the degree of hazard involved, additional tests will be borne by the owner.
(Ordinance 1115, § 1, 5-25-99; Ordinance 1486, § 2, 12-1-09)
Records: The department will initiate and maintain the following:
(1) 
Master files on customer cross-connection tests and/or inspections.
(2) 
Master files on cross-connection permits.
(3) 
Copies of permits and permit applications.
(4) 
Copies of lists and summaries supplied to the commission as requested.
(Ordinance 1115, § 1, 5-25-99; Ordinance 1486, § 2, 12-1-09)